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Case Citations [1] (2016)

handle is hein.ali/resctlw0151 and id is 1 raw text is: CONFLICT OF LAWS 2D Generally D.Ariz.2016. Cit. generally in sup. In a breach-of-contract action brought by Arizona citizen against California-based seller and seller's owner, a citizen of California, this court granted in part defendants' motion to dismiss. The court noted that Arizona, the forum state, followed the Restatement Second of Conflict of Laws in determining the applicable law in a contract action, and, here, examined the factors set forth in § 188 in finding that Arizona law applied because Arizona had the most significant contacts to the parties and the transaction. Cavan v. Maron, 182 F.Supp.3d 954, 959. D.Mass.2016. Cit. generally in sup. Creditor who had obtained a consent judgment against decedent's estate filed suit in Arizona federal court against personal representative of decedent's estate, who was also trustee of decedent's irrevocable trust, for action on the judgment, breach of fiduciary duty, and an action to reach and apply interest in the trust. After the matter was transferred to this court, this court granted defendant's motion to dismiss, holding that plaintiff failed to state a claim against defendant under Arizona or Massachusetts law. The court applied Arizona choice-of-law rules, which followed the most significant relationship test set forth in the Restatement Second of Conflict of Laws, in concluding that Arizona law governed the issues related to the preclusive effect of the consent judgment and the time limitations for bringing claims against defendant, while Massachusetts law governed issues concerning plaintiff's claims against the trust. De Prins v. Michaeles, 189 F.Supp.3d 209, 213. D.N.M.2016. Cit. generally in sup. Owners of royalty interests in mineral leases in Colorado and New Mexico filed a putative class action against owners of working interests in the leases, alleging, among other things, that defendants breached the parties' contracts by underpaying royalties. In denying plaintiffs' motion for class certification, this court held that, under New Mexico's choice-of-law rules, Colorado law governed the property interests in which the production occurred in Colorado, and New Mexico law governed the property interests in which the production occurred in New Mexico. The court noted that the Supreme Court of New Mexico had directed courts to apply the Restatement Second of Conflict of Laws in multistate contract class actions to resolve any conflicts between New Mexico law and potentially applicable foreign law. Abraham v. WPX Production Productions, LLC, 317 F.R.D. 169, 282. E.D.N.C.Bkrtcy.Ct.2016. Cit. generally in sup. In an action brought by trustee for Chapter 7 debtors, which were each incorporated in a different state, against debtors' operating entities, this court granted in part defendants' motion to dismiss claims for aiding and abetting a breach of fiduciary duty, holding that the law of each debtor's state of incorporation governed its claim. In predicting how the forum state, North Carolina, would determine the applicable choice-of-law rule, the court looked to the Restatement Second of Conflict of Laws and concluded that certainty, predictability, and uniformity of the outcome encouraged it to apply North Carolina's rule for claims for breach of fiduciary duty. In re American Ambulette & Ambulance Service, Inc., 560 B.R. 256, 263. mA L I For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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